Current through Register Vol. 48, No. 38, September 20, 2024
a) Soil Management Zone
1) The purpose of a soil management zone
(SMZ) is to allow consideration and approval of on-site solutions to on-site
soil contamination without violating the solid waste disposal regulations at 35
Ill. Adm. Code 807 or 811-815.
2)
The uses of soil management zones include, but are not limited to, the
following:
A) Placement of contaminated soils
for structural fill or land reclamation;
B) Consolidation of contaminated soils within
a remediation site; and
C) Removal
and re-deposit of contaminated soils following on-site treatment that has
reduced contaminant concentrations.
b) Upon approval by the Agency of a Remedial
Action Plan under Subpart E of this Part, soil that is the subject of a request
for a soil management zone shall be classified as a soil management zone if the
Remedial Action Plan provides the following information and demonstrates that
the following requirements will be satisfied:
1) All contaminants of concern within the
remediation site shall be identified by a comprehensive site investigation
under Section
740.420
of this Part;
2) The horizontal and
vertical dimensions of the soil management zone shall be defined;
3) The uses of the soil management zone shall
be defined;
4) All contaminants of
concern within the soil management zone shall satisfy the requirements of 35
Ill. Adm. Code
742.305(a)
through (f);
5) All applicable requirements of 35 Ill.
Adm. Code 742 shall be satisfied within the soil management zone (e.g., all
exposure routes must be addressed; institutional controls and engineered
barriers shall be in full compliance with 35 Ill. Adm. Code 742.Subparts J and
K);
6) The soil management zone
shall be constructed, operated and maintained in a manner that:
A) Prevents odor from occurring;
B) Minimizes fugitive emissions of
particulate matter in accordance with 35 Ill. Adm. Code 212.Subpart K and dust
generation;
C) Prevents the
generation of potentially contaminated runoff; and
D) Does not provide a breeding place or food
source for vectors;
7)
Within the soil management zone, management of soil containing hazardous wastes
shall comply with the applicable requirements of the Resource Conservation and
Recovery Act (
42 USCA
6901 -
6992k
) and 35 Ill. Adm. Code 700-730; and
8) Soil containing contaminants of concern
above the concentrations in 35 Ill. Adm. Code 742.Appendix B, Table A (Tier 1
objectives for residential properties) or approved by the Agency pursuant to 35
Ill. Adm. Code
742.510(c)
may not be treated or placed in any area where all contaminants of concern
within the remediation site are at or below the concentrations in 35 Ill. Adm.
Code 742.Appendix B, Table A (Tier 1 objectives for residential properties) or
approved by the Agency pursuant to 35 Ill. Adm. Code
742.510(c).
c) The three-dimensional
boundaries of the soil management zone shall be as defined in the approved
Remedial Action Plan. The size of the soil management zone may be modified in
an amended Remedial Action Plan. The soil management zone may not extend beyond
the boundaries of the remediation site.
d) Soil management zones designated under
this Section shall remain in effect for the shortest of the following:
1) A period of time as set forth by the
Agency in the Remedial Action Plan approval letter based on the schedule of
activities provided under Section
740.425(a)(3).
The time may be revised in an amended Remedial Action Plan as approved by the
Agency;
2) Until an Agreement is
terminated under Sections
740.225
or
740.230
of this Part; or
3) Until the No
Further Remediation (NFR) Letter is perfected in accordance with Sections
740.620,
740.621,
or
740.622
of this Part.
e) In
addition to any other legal remedies available under the Act and implementing
regulations, the Agency may terminate a soil management zone and require
alternative remediation plans to be submitted in an amended Remedial Action
Plan upon a failure to comply with any requirements of subsection (b) of this
Section.
1) Notice of the termination shall
be in accordance with Section
740.215(b)
of this Part and shall state the reasons for the termination.
2) The RA may file an appeal to the Board
within 35 days after receipt of the notice. Appeals to the Board shall be in
the manner provided for the review of permit decisions in Section 40 of the
Act.
f) If
implementation of an approved Remedial Action Plan with a soil management zone
fails to achieve the remediation objectives developed under Section
740.440
of this Part, alternative soil remediation objectives, and, if necessary, an
amended Remedial Action Plan, shall be developed under Subpart D of this Part.
1) Upon the development of alternative soil
remediation objectives, the Remediation Objectives Report shall be amended
accordingly and submitted to the Agency for review and approval.
2) Upon approval of the Remediation
Objectives Report, the Remedial Action Plan shall be amended and submitted to
the Agency for review and approval unless the RA can demonstrate that the
alternative soil remediation objectives have been achieved. In that case, the
RA shall submit a Remedial Action Completion Report documenting the achievement
of the alternative soil remediation objectives.
g) Any otherwise applicable standards or
requirements under 35 Ill. Adm. Code 807 or 811 - 815 shall not be applicable
to the management of contaminated soil that is the subject of the soil
management zone if:
1) The SMZ is in effect
and management of the contaminated soil within the SMZ is in compliance with
the requirements of this Section and the approved Remedial Action Plan;
or
2) A No Further Remediation
Letter addressing the contaminants that were the subject of the SMZ has been
perfected under Sections 740.620, 740.621, or 740.622 of this Part and remains
in effect and management of the contaminated soil within the area formerly
encompassed by the SMZ is in compliance with the terms of that No Further
Remediation Letter.
